IN THE CASE OF:	  

		BOARD DATE:  31 May 2012

		DOCKET NUMBER:  AR20110022707 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards:

* Army Good Conduct Medal (AGCM)
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* All unit awards he may be authorized such as a Presidential Unit Citation (PUC), Meritorious Unit Commendation (MUC), or Valorous Unit Award (VUA)

2.  The applicant states these awards were left off his DD Form 214.

3.  The applicant provides copies of the following documents:

* DD Form 214
* Letter from the National Personnel Records Center, dated 25 October 2011
* General Orders Number 910, II Field Force Vietnam, undated, Army Commendation Medal (ARCOM) with "V" Device
* Certificate for award of the ARCOM for meritorious service from               5 February to 29 August 1970
* DA Form 20 (Enlisted Qualification Record)



CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 21 August 1969, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  On 23 January 1970, the applicant departed Fort Polk, Louisiana for duty in the RVN.  His subsequent assignments in the RVN were as follows:

	a.  On 1 March 1970, he was assigned for duty as a rifleman with Company D, 2nd Battalion, 60th Infantry Regiment, 3rd Brigade, 9th Infantry Division.

	b.  On 23 April 1970, he was assigned to Company E, 2nd Battalion, 60th Infantry Regiment.

	c.  On 25 September 1970, he was assigned for duty as a grenadier with Company D, 2nd Battalion, 3rd Infantry Regiment, 25th Infantry Division.

	d.  On 30 September 1970, he was assigned to Company D, 3rd Battalion, 22nd Infantry Regiment, 25th Infantry Division.

	e.  On 18 October 1970, he was assigned to Company E, 3rd Battalion, 22nd Infantry Regiment, 25th Infantry Division.

4.  The applicant's records contain the following award orders issued by the II Field Force Vietnam:

	a.  GO Number 3610, dated 7 September 1970 for award of the ARCOM for meritorious achievement during the period from 5 February to 29 August 1970.

	b.  GO Number 3622, dated 8 September 1970 for award of the ARCOM, 1st Oak Leaf Cluster, for meritorious achievement from 9 May to 29 August 1970.

	c.  GO Number 910, undated for award of the ARCOM with "V" Device for heroism on 19 October 1970.

	e.  GO Number 33, dated 16 January 1971 for award of the ARCOM for meritorious service from February 1970 to February 1971.

5.  On or about 21 December 1970, the applicant departed the RVN for duty at Fort Hood, Texas.

6.  On 1 June 1971, the applicant was released from active duty.  He had attained the rank of sergeant, pay grade E-5 and had completed 1 year, 
9 months, and 11 days of creditable active duty service.

7.  The applicant's DD Form 214 indicates that he received the following awards:

* Vietnam Service Medal with two bronze service stars
* National Defense Service Medal
* RVN Campaign Medal
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* ARCOM with two Oak Leaf Clusters
* Expert Marksmanship Qualification Badge with Machinegun Bar

8.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that his conduct and efficiency ratings were excellent.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

9.  Appendix B of Army Regulation 600-8-22 states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  It further shows that based on the applicant's dates of service in the RVN, he participated in the following three campaign periods:

* the Vietnam Winter-Spring 1970
* the DA Sanctuary Counteroffensive
* the Vietnam Counteroffensive, Phase VII

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 2nd Battalion, 60th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 55, dated in 1971, for awards of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  This publication further shows that the 2nd Battalion, 3rd Infantry Regiment, during the time of the applicant's assignment, was cited in DAGO Number 5, dated in 1973, for award of the RVN Gallantry Cross with Palm Unit Citation.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the following awards:

* Army Good Conduct Medal (AGCM)
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* All unit awards he may be authorized such as a Presidential Unit Citation (PUC), Meritorious Unit Commendation (MUC), or Valorous Unit Award (VUA)

2.  There are four general orders on file in the applicant's records each awarding him the ARCOM.  Two of these awards were for meritorious achievement during essentially the same period of service; one was for heroism on a specified day; and the last one was for meritorious service for essentially his entire period of service in the RVN.  His DD Form 214 records a total of three ARCOMs but does not include the one for heroism.  Given all of the evidence, it strongly appears that one of these orders was published in error and duplicated a period of service.  This is supported by the current entry on his DD Form 214 indicating only three ARCOMs.  Accordingly, his records should be corrected to show he was awarded the ARCOM with two Oak Leaf Clusters and "V" Device.

3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist five, receiving multiple awards for heroic and meritorious achievement, and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an AGCM for his service was an oversight.  Accordingly, he should be awarded this medal.

4.  Records show that the applicant participated in three campaign periods during his service in the RVN.  Therefore, he is eligible for award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  Records show that the applicant’s unit was cited twice in general orders for award of the RVN Gallantry Cross with Palm Unit Citation and once for award of the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards on his DD Form 214.

6.  There is no evidence of record showing that any of the applicant's units during his period of service in the RVN, were awarded the PUC, MUC, or VUA.  Therefore, this portion of his request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X  ___  ___X ___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal (1st award) for the period 
21 August 1969 to 1 June 1971;

	b.  deleting from his DD Form 214 the Vietnam Service Medal with two bronze service stars and the ARCOM with two Oak Leaf Clusters; and

	c.  adding to his DD Form 214:

* Army Commendation Medal with two Oak Leaf Clusters and "V" Device
* Army Good Conduct Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Presidential Unit Citation, Meritorious Unit Commendation, or the Valorous Unit Award.




      __________X______________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20110022707





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ABCMR Record of Proceedings (cont)                                         AR20110022707



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